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Ordered, That the Resolves of this Council of the 3d instant, respecting Gen'l Arnold, be published in the several Newspapers of this City.
Ordered, That the Resolve of Congress of the 9th of February, 1778, respecting the enquiring into the conduct of the Continental Officers, be Re-published.
Ordered, That Capt. Boys be directed to order out one of the armed Boats of the State, for the purpose of looking out & making Signals to the Vessels outward bound : That 'Mr. Henry & Mr. Crispin, do in their departments what may be necessary heroin, so that she may be sent out with all possible dispatch. The Boat to continue on this duty as long as the weather will admit & the Ber- vice requires.
MONDAY February 8, 1779, P. M.
Present as A. M., except John Hambright & Jao. Arndt, Faq'ra.
The Council took inte consideration the account of Arthur Don- aldson, he being present; & having spent some time thereon; do there appearing to be a considerable Balance due to him,
An order was drawn on the 'Treasurer in favor of Arthar Don- aldson, or his order, for the Sum of Five Hundred Pounds, to be charged to account of the said Donaldson.
SUPREME EXECUTIVE COUNCIL.
The Council met.
PHILAD'A, Tuesday February 9, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Ewing,
McClean, John Hambright, &
Esq'rs.
Ja's Read,
Tho's Scott,
The Resolves of the Senate & Delegates of Virginia, respecting the disputed boundary, in addition to those received some time since.
Ordered, To be sent to the House of Assembly forthwith.
A Petition from Joseph Jefferies, Waggon Master of York County, praying that the Board will fall upon measures to Payment of the Waggons employed in transporting the Baggage of the Conven- tion Troops, was read; The Officers of that department in York County having no orders ; therefore,
Ordered, That he apply to the assistant Q M. General in this City, who is desired to give the necessary orders for that purpose.
Same Day, P. M.
Present as A. M., except John Hambright & Tho's Scott, Esq'rs.
The following orders were drawn on the Treasurer, Vis :
In favor of Ebenezer Cowell, or his order, for the Sum of Two hundred & Fifty Pounds, to be charged to the said Cowell.
Mr. McLean informed the Council, that a Committee of the Hon'ble House of General Assembly had been appointed to con- sider of an application to the Congress for a Loan of Money to this State, and that it was requested a Committee of this Board might be added.
On consideration,
Ordered, That Mr. Vice President, Col. Hart, & Mr. Ewing, be a Committee to confer with the Committee of the Hon'ble House of General Assembly, upon the subject of an application to Con- gress, & report to this Council.
An order was drawn on the Treasurer in favor of George Rein- hart; or his order, for the Sum of Fourteen Pounds Eleven Shil- lings & Three Pence, for riding express to deliver a Letter to Major.
.
Joseph Hart, John Macky,
Jao. Arndt,
694
MINUTES OF THE
Gen'l Arnold, by order of Council, to be charged to Congress; the said expence having incurred in the pursuit of a Resolve of Con- gress of the 9th February, 1778.
The resignation of John Creigh, Esq'r, of his Office of Clerk of the Orphans' Court of the County of Cumberland, was read.
The Petitions of William Lyons & John Agnew, Esquires, & Mr. Henry Mckinley, each praying to be appointed Clerk of the Orphans' Court of the County of Cumberland, were read ; & there- upon, the Votes being taken, William Lyons, Esquire, was unani- mously chosen Clerk of the Orphans' Court of the County of Cum- berland ; And thereupon,
Ordered, 'That William Lyons, Esq'r, be Commissioned to be Clerk of the Orphans' Court of the County of Cumberland.
An order was drawn on the Treasurer in favor of the Hon'ble Tho's Mckean, Esq'r, or his order, for the Sum of One Thousand & five hundred Pounds, on account of his Salary as Chief Justice. And the two following orders were also drawn on the Treasurer, Vist :
One in favor of the Hon'ble Tho's Mckean, Esq'r, for the Sam of Five hundred Pounds, to be by him forwarded to the Hon'ble John Evans, Esq'r, & charged to him (the said Evans,) on Acount of his Salary as one of the Judges of the Supreme Court.
.
And one in favor of Col. Sam'l Atlee, Esq'r, or his order, for the Sum of Five hundred Pounds, to be by him forwarded to the Hon'ble William Agustus Atlee, Esq'r, &charged to him, (the said W. A. Atlee,) on account of his Salary as one of the Judges of the Supreme Court.
The Council met.
PHILAD'A, Wednesday Feb'ry 10, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, Ewing,
John Macky, Jacob Arndt, & Eeq'rs.
- McLene, Thomas Scott,
Petition of Capt. Henry Martin, of the armed boat Lyon, now ordered down the River, praying to be furnished with Rum, was read ; and thereupon,
Ordered, That Will'm Crispin, Commissary, do furnish Capt. Martin with Rum for the present Cruize down the River to Lewis Town, for himself & his Crew.
1
SUPREME EXECUTIVE COUNCIL. , 695
On application, a pass was granted to Heym Saloman to Virginia, he being recommended by Col. Farmer, & it appearing that he had taken the Oath of Allegiance to the State.
The report of Col. Hart, Mr. Scott, & Mr. Hambright, a Com- mittee appointed to inspect the State of the Prisoners in the Goal of this City, was read; &
On consideration,
Ordered, That the fines of the following named persons, now in the Goal of the City and County of Philadelphia, be remitted, Viz :
Mary Hood, Catherine Clark, Jane Williams, Susanna Craig, Mary German, Ann Winters, John Shea, Francis Quin, George Ludwick Fisher, & John Allen, they appearing to be unable to pay the same.
On motion,
Resolved, That the Hon'ble House of Assembly be requested to meet this Council in a free conference with them on the following clause of the Twentieth Section of the Constitution :
[This minute was taken from the Journals of the House of As- sembly.]
They (the Council) are to correspond with other States, & transact business with the officers of Government, "civil & mili- tary, & to prepare such business as may appear to them necessary to lay before the General Assembly"; Which being read, it was thereupon,
Ordered, That Mr. Biddle & Mr. Smiley, be a Committee to wait upon & inform the Hon'ble the Council, that this House will confor with them on Monday next, at 10 O'Clock in the Morning, on the Subject matter of the said message.
Mr. Biddle & Mr. Smiley, a Committee of the Hon'ble House of Assembly, attended with the foregoing order of the House, & informed the Council that the House had directed them to confer with the Council concerning the place of conference, and on con- sideration, the Committee & Council agreed, 'That the proposed conference be held in the Council Chamber, at the time proposed by the Hon'ble House of General Assembly, to Wit : On Monday 10 o'clock, A. M.
Ordered, That the complaint respecting the Election held for the County of York, be heard to-morrow Morning, 10 o'clock.
. :
.
696
MINUTES OF THE
.
The Council met.
PHILAD'A, Thursday. Feb'ry 11, 1779. PRESENT. His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Ewing,
John Macky, Jacob Arndt, &
- McLene,
Thomas Soott,
EsQ'rs.
Jax. Read,
John Orr, Esq'r, & others, on the part of the complainants against the return of the Election for the County of York, for a Counsellor to represent the said County in this Council, now being present, The Hon'ble James Ewing, Esq'r, being party in the Question, now in bearing before the Council, withdrew from his Seat in the Council.
Daniel Mesterly, Esq'r, being duly sworn.
[Blank in Council Book. ]
The Council met.
PHILAD'A, Friday Feb'ry 12, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, James Ewing,
John Macky, Jacob Arndt, &
- - MoLene, Thomas Scott,
Petition of Jos. Carsom, praying to be supplied with 3001bs of Powder & 201bs of Match Rope, was read;
And on consideration,
Ordered, That Capt. Stiles do supply Joseph Carson, er his or- der, with Three hundred Pounds of Gunpowder, if it can be safe- ly spared, he paying a reasonable price for the same.
A Sketch of the accounts of Samuel Cunningham, Esq'r, being laid before Council, on consideration, the following two orders were drawn on the Treasurer in favor of the said Samuel Cunningham, Vis :
One for the Sum of Seven hundred & fifty Pounds, & One fur the Sum of Two hundred & fifty Pounds, beth to be charged to his account.
·
697.
SUPREME EXECUTIVE, COUNCIL.
Same day P. M .- The Council Met.
Present as A. M.
The Council then resumed the consideration of the evidence given respecting the Election for the County of York, & the same being read, and several hours spent thereupon, Council referred the further consideration thereon until to-morrow Morning.
Received from the Hon'ble John Jay, Esq'r, Six blank. Priva- teer Commissions, & returned to him twelve bonds, received on issa- ing the twelve Commissions received heretofore from him.
The Council met.
PRILAD'A, Saturday February 18, 1779:
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt,
John Macky. John Hambright, & - - · McLene,
Thomas Scott,
James Read,
An order was drawn on the Treasurer in favor of Will'm Holli- day, Pay-master of Militia of the County of Bedford, or his or- order, for the Sum of Two Thousand Pounds, to be applied in Pay- ing the Militia of the said County, for which Sum the said Holli- day is to account.
A Certificate dated the 9th instant, of the election of William Lyon to be Recorder & Register of the County of Cumberland, by the Hon'ble House of General Assembly, was read ; Thereupon,
Ordered, That Commissions be issued to William Lyons, appoin- ting him to be Recorder & Register of the County of Cumberland. The following two orders were drawn on the Treasurer, Vis :
One in favor of Elizabeth Irvine, or order, for the Sum of One Thousand one hundred and 'I'wenty-five Dollars, due to her broth- er, Brig'r Gen'l James Irvine, for his Pay from the 26th day of August 177 , to the 25th day of May 1778, inclusive, agreeable to the order of the said Gen'l Irvine.
One in favor of William Rush, for the Sum of One Thousand Five Hundred & fifty Pounds nine Shillings & Eleven Pence half . penny, for work done by him. (including an order of the late State Navy board, dated March 9th, 1778, for the Sum of One Thous and One hundred and fifty One Pounds & Six Shillings, which ap- peared to remain unpaid.)
698
MINUTES OF THE
The Council resumed the consideration of the Election of a. Councellor for the County of York ; & thereupon,
Resolved, That James Thompson, Esq'r, is duly elected to serve as Councellor for the County of York.
Ordered, That Mr. George Erchelberger, of the County of York, now in this City, do attend this Council on Monday next, at Six O'Clock in the Afternoon, in the Council Chamber. .
Council resumed the consideration of the contested Election of a Councellor in the County of York.
2, Whether at the opening of & during the Election of the 1st District for York County, was not attended with such circum- stances of Clamour & Terror, as to have an undue influence upon the minds of the Judges & Inspectors, & thereby violate the free- dom of Judgment & Election.
Whether such circumstances of Clamour and Terror attended the opening & continuance of the above Election, as to afford Just ground to believe the Judges & Inspectors did not exercise their Judgment freely, & that thereby the freedom of Election was violated. Yeas, -; Nay, 1.
Whether it appears to this board, that the Election of the 2d & 5th Districts were legally conducted.
Resolved, That James Ewing, Esq'r, is not duly elected to serve as a Councellor for the County of York. No 8 : Yes 1.
Resolved, That James Thompson, Esq'r, is duly elected to serve as Councellor for the County of York. Aye 8 : No 1.
The Council met.
·
PHILAD'A, Monday February 15, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt,
John Macky, John Hambright, &
- McLene, Thomas Scott,
Esq'rs.
James Read,
The Clerk of the Hon'ble House of General Assembly attended & informed the Council that the House were ready to meet the Council in conference, agreeably to the order of the day.
Ordered, That the Secretary of the Council do wait on the Hon'ble House of General Assembly, & inform the Honourable House that the Council are now ready to confer with the Hon'ble House, agreeably to the order of the day.
The Secretary reports that he had obeyed the foregoing order.
SUPREME EXECUTIVE COUNCIL. 699
The Speaker & the Members of the Hon'ble House of General Assembly attended in the Council Chamber,
* His Excellency the President opened the Conference, by stat- ing the business upon which they were now met. After several hours spent in free conference, adjourned to four O'Clock, P. M.
The same day, P. M.
The Council & General Assembly met in conference, and having spent some time in free communications of sentiments,
A Letter from Gen'l Mackintosh was read, which gave an ac- count of an attack by the Indians on a party going from Fort Pitt to Fort Lawrence, & of the probability of an attack on the Settle- ment at Blackbury Creek, and a free conference was thereupon had.
The Council Met.
PHILAD'A, Tuesday February 16, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President, Joseph Hart, Jac. Arndt, &
John Macky, Tho's Scott, Esq'rs.
- McLene,
Two Letters from Mr. Holker, Agent & Consul of France, the one of the 11th, the other of the 14th instant, were read; and on consideration,
Ordered, That the said Letters be laid before the Hon'ble House of General Assembly, with a Message therewith; And the following Message being read, was approved & ordered to be signed by His Excellency the President, Vizt. :
"In Council, Philad'a Feb'ry 16, 1779.
" Gentlemen :
"The Consul of His Most Christian Majesty, having before the opening of the Session, represented to the President that the Sea- men of his nation in the service of His Majesty, & also in the em- ploy of his Subjects trading to this State, were frequently inveigled & taken off by masters of Vessels, & othera, Subjects of our State,
* This conference having been requested by the Council.
700
MINUTES . OF THE
to the great injury of the Navy & Commerce of France, was de- sired to give a written state thereof, & also of his expectations on that subject. He has now laid before us a memorial, not only speci- fying the grievance, but suggesting some measures of reliet. We herewith transmit the papers officially delivered to us for your co- sideration, at the same time observing, that the special complaint has been satisfactorily redressed, upon application to Capt. Barry.
" We also transmit to your Hon'ble House a complaint on the same subject, exhibited to us by the Captains of the Gallies em- ployed for the defence of the State, upon which this Council cs- tered into & published a cautionary resolve ; But whetherthis will be sufficiently remedial, may admit of some doubt. We think proper to recommend it to your notice.
"JOSEPH REED, President."
WHEREAS, George Erchelberger, a Deputy Commissary of pur- chases for the United States, (of York town in the county of York;) having at the last Election of the County of York for chusing & Councellor to represent the said County of York in this Council, used angry and threatening language to influence the Judges & Ia- spectors for the first District of the said County, there assembled in the Court House of the said County, & having afterwards, on the 15th & 16th of October, at a meeting of the Judges of the several Districts of the said assembled, for the purpose of casting up the votes taken in the several Districts of said County, & making re- turn to this Council of the person elected to represent the mid County of York in the Supreme Executive Council, intruded him- self violently and forcibly among the said Judges, & dictating to them in what manner they should proceed in making the said re- turn :
And upon divers of the said Judges refusing to act agreeably to his directions, he, the said George Erchelberger, did call them, the said Judges, so refusing, perjured Rascals, and declaring that they should be sued with an hundred Writs before they left York Town, with other threatening sud abusive language.
Resolved, 'Therefore, That the said George Erchelberger is guilty of a high crime & misdemeanor, a violation of the freedom of Flec- tion, & breach of priviledge of this Council.
Whereas, George Erchelberger, of York Town, having not at- tended, agreeably to the order of Council of
Ordered, That a warrant issue to the Sheriff of the City & County of Philadelphia, commanding him to bring the body of the said George Erchelberger before this Council forthwith.
An order was drawn on the Treasurer in favor of James Ewing, Elaq'r, for the sum of Thirty.two Pounds & Eight pence, for attendance eight days, & Mileage twice on 89 Miles.
The President reported to Council, that upon conference held with the Hon'ble House of Assembly, in their Chamber, in part-
FOL
SUPREME. EXECUTIVE COUNCIL.
ance of a Minute of the instant, He, in the name of the Coun- cil, disavowed any claim officially or authoritively to propose Billa & impose them on the House, And that the Council never inten- ded or meant to be understood as making such a claim ; But that it appeared to them that the above clause in the Constitution, when compared with that expression, of the power of the Assembly, may be properly construed into a duty on the Council to frame drafts or heads of Bills, which the House of Assembly may or may not adopt or notice, in their discretion ; And that as the council, from having the Execution of the Laws, may reasonably be supposed to know were they are defective & where new laws may be necessary,
the of Assembly would be shortened, the laws probably more accurate, & the business of the State transacted more benefi- cially, harmoniously & expeditionsly.
The conference then proceeded to consider the power & Duty of the Council to instruct the Delegates of the State in Congress du- ring the recess of the Assembly.
Whereupon it was agreed, that the Council may & ought to ad- vise the Delegates of the State upon all matters occurring.in .the Recess of the House of Assembly, wherein the Honor & Interest of the State is Concerned, so as the same be done consistently with any instructions, which may have been received from the House.
-
The Council met.
PHILAD'A, Wednesday Feb'ry 17, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, Jacob Arndt,
John Macky, John Hambright, &
MoLene, Thomas Scott,
Esq'rs.
James Read, -
The Petition of John Turner, late belonging to the Washington . Galley, praying to be paid his Wages, was read; & it appearing that he has a certificate of a discharge dated September 1, 1778, Signed William Bradford, Chairman, & that he has lost an eye while in the service, & unfit for service,
Ordered, That John Turner, late belonging to the Washington, be discharged, & that he be paid his Wages until the first of Sep- tember last.
1
702
MINUTES OF THE
The Council met.
PHILAD'A, Thursday Feb'ry 18, 1779. PRESENT :
His Excell'y JOSEPH REED, Esq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, James Read, r John Macky, Jacob Arndt, & - - McLene, Thomas Scott, ( Baq'ra.
An order was drawn on the Treasurer in favor of the Hon'ble James Read, Esq'r, for the Sum of Two Hundred Pounds, to be charged to his account.
Petition of Peter Dehaven, praying direction of the Council re- specting the outstanding Debts due to the State Gun factory, wu read.
Ordered, That Peter Dehaven be authorized to collect the out- standing due to the Gun factory, without delay.
The Council met.
PHILAD'A, Friday February 19, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, Thomas Scott, John Macky, & Erq'rs.
A Letter from William Paca, Esq'r, respecting a Committee of Congress on Gen'l Arnold's application for a Court Martial, was read.
Mr. Nesbitt, Mr. G. Wilcocks, Mr. Donaldson, Mr. J. Caldwell, & Mr. T. Fitzsimmons, a Committee of Merchants, attended the Council, & communicated to Council a writing from the Merchants of Baltimore, representing the distress occasioned by small priva- teers on the Coast, & a conference thereon was read.
-
SUPREME EXECUTIVE COUNCIL. 703
The Council Met.
PHILAD'A, Saturday Feb'ry 20, 1779. PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, Jacob Arndt, &)
John Macky, Tho's Scott, Esq'is.
- McLene,
The following orders was drawn on the Treasurer, Viz :
One in favor of Col. William Clark, Paymaster of Militia of the County of Cumberland, or his order, for the Sum of Ten thousand Pounds, to be charged to his account.
One in favor of Col. John Proctor, Paymaster of Militia of the County of Westmorland, for the Sum of Ten thousand Pounds, to be charged to his account.
Mr. Scott represented to Council, that the Sum of 1815 Dollars, of the two emissions called in by Congress, was paid to him by the Treasurer as part of the Money to be sent by him to Colonel Proc- tor, of Westmorland, & requested that the same may be exchanged for Current Bills.
Ordered, That it be recommended to the Treasurer to exchange the aforesaid 1815 Dollars.
A Resolve of the General Assembly of this day was read, re- specting three Petitions from the Militia of the County of North- ampton .*
[Blank in Council Book. ]
Petitions to go into New York from the following named persons, were read, Vix : John Murray, Mary Cooper, Sarah Engle, Mary Munn, Christopher K. Allicocke, James Jones Wilmer, Martha Green, Abigail Ott, Elizabeth Derwood & George Douglass.
Ordered, That the same be referred to Congress.
Petition of Cornelius Woodruff, convicted of Larceny in the County of Westmorland, was read & rejected.
Petition of William Mitchell, convicted of Misprisions of Treason, at a Court of General Quarter Sessions of the peace held at Hannn's Town, for the County of Westmorland, in October last, praying for the considerations therein expressed, Pardon, was read ; & also a recommendation of the said Mitchell us an object to whom Merey ought to extend. Signed by
On consideration,
Ordered, That William Mitchell, convicted of Misprision, of Treason, at a Court of Quarter Sessions of the Peace held for the County of Westmoreland, in October last, be Pardoned ; and let a Pardon in due form be issued accordingly.
"Two of the Petitions were delivered by Mr. Morris, & the bird, be mayr, im Jost.
=
704
· MINUTES OF THE
The same Day, P. M.
PRESENT :
His Excell'y JOSEPH REED, Enq'r, President. Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, John Macky, &
- MoLene, { Esq'rs.
An application of Will'm C. Bradford, Paymaster of the State Fleet, for Money to Pay the Officers & Men, was read.
On consideration,
An order was drawn on the Treasurer in favor of Will'a C. Bradford, Paymaster of the State Fleet, for the Sum of One thos- sand Pounds, to be charged to his account ; And
Ordered, That Will'm C. Bradford be directed to make out bis accounts, & lay the same before the Committee of General Amem- bly.
Petition of James Talbot, praying permission for his Mother & Sister to come out of New York, was read & rejected.
Petition of Mr. Benja. Lodge, praying to be allowed Closthing out of the State Store, was read & rejected, and he referred to the Camp for his supply.
Petition of Capt. Hawkins Boone, of the Sixth Pennsylvania battalion, a wounded Officer, praying to be allowed Closthing out of the State Stores, was read; & in consideration of his peculiar ait- uation, & of the Spirited intrepidity of his Conduct in a Campeiga to the North Westward, under Col. Hartley, when his situation might have justified his remaining at home,
Ordered, That Jacob S. Howell, State Clothier, do supply Capt Hawkins Boone, a wounded Officer, with one suit of Clothes, two Shirts, & two pair of Stockings.
Petition of Isaac Cohen, Capt. of Artillery, praying to be al- lowed Cloathing for his Company of Artificers, was read, & refer- red to Congress.
Application of William Crispin, Commissary, for Money, mas read ; &
An order was drawn on the Treasurer in favor of William Cris- pin, Commissary, for the Sum of Three Thousand Pounds, to be charged to his account.
WHEREAS, the Hon'ble the Continental Congress did, on the 21st August last, Resolve as follows :
" Resolved, That when any persons are desirous of going within the Enemy's lines, they shall apply to the Executive Powers of the State to which they belong; and if the said Executive Powers ap- prove the motives & Characters of the Persons applying, & shall be. of opinion, especially at no critical conjunctures as the pressat,
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